Judge: Shirley K. Watkins, Case: 21VECV00918, Date: 2023-03-15 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 21VECV00918    Hearing Date: March 15, 2023    Dept: T

Tentative ruling- 21VECV00918 U.S. BANK NATIONAL ASSOCIATION vs ARUTIUN KETIKYAN

Previously granted. The order of 11/23/2022 states as follows:

“Matter is called for hearing. Counsel have read the Court's tentative ruling on the Court's website and submits on the tentative. The tentative ruling is adopted as the final order of the Court, as follows: The Motion for Leave to Amend (1) THE CASE CAPTION TO REFLECT PLAINTIFF’S NAME AS USB LEASING LT IN PLACE OF U.S. BANK NATIONAL ASSOCIATION, AND (2) TO VACATE THE DEFAULT JUDGMENT ENTERED IN THIS CASE filed by U.S. Bank National Association on 10/28/2022 is Granted in Part. The plaintiff is an entirely different entity. The summons identifies the plaintiff as US Bank. Regardless of whether the name was incorrect, what is relevant to the court is what notice was received by defendant. The court cannot retrospectively change the name of the plaintiff to an entirely different entity without notice to defendant. Plaintiff may file an amendment to the complaint to the correct name, have an amended summons issued with the correct plaintiff's name, re-serve and new default entered if there is no timely response. The court will set aside the judgment but must also set aside the default as well for lack of notice to the defendant of the correct plaintiff. Plaintiff cannot shortcut due process by failing to serve a summons with the correct name of the plaintiff. The Court orders all judgments on the Complaint filed by U.S. Bank National Association on 07/14/2021 set aside and vacated. The Court orders the default entered on 04/26/2022 as to Armine Ketikyan vacated. Case Management Conference is scheduled for 01/20/2023 at 08:30 AM in Department T at Van Nuys Courthouse East. Notice is waived. Certificate of Mailing is attached.”